Section 88(1) of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) provides that: ‘A RTM company is liable for reasonable costs incurred by a person who is— (a) landlord under a lease of the whole or any part of any premises, (b) party to such a lease otherwise than as landlord or tenant, or (c) a manager appointed under

Directions By virtue of paragraph 2.3(2) of the Practice Direction to CPR Part 26 (CPR 26), parties are required to try to agree the directions which they will invite the court to make. It is the court that has the final say on what the directions will be, hence, the wording used in the Practice Direction about the parties ‘inviting’ the court to make them. Upon receiving the directions questionnaires, the court will either make an order giving directions or list the matter for an Allocation Hearing, Case Management Conference (CMC) or Case and Costs Management Order (CCMC) depending on the particular circumstances. See

A claim to acquire the right to manage any premises is made by giving notice of the claim (referred to in CLRA 2002 as a 'claim notice' (CLRA 2002, s 79(1)). The claim notice must be given by a right to manage (RTM) company (CLRA 2002, s 79(3)). If on the date the notice is served, there are only two qualifying tenants of flats in the building, both of them must be members of the company (CLRA 2002, s 79(4)). In any other case, the membership of the company must include

A tree preservation order (TPO) is made by a local planning authority (LPA) under section 198 of the Town and Country Planning Act 1990 and prevents the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of the tree to which the order relates, without the LPA’s written consent. TPOs are governed by the Town and Country Planning (Tree

In circumstances where money has been paid for goods or services in advance, and the goods or services are not provided, there will be an unjust enrichment or restitution claim to recover the monies paid on the basis of a total failure of consideration (money had and received). In addition, if (as will usually be the case) the money was paid pursuant to a contract for the provision of

Where a landlord takes a deposit in respect of an assured tenancy under the Housing Act 1988, there is a requirement to protect it in accordance with the provisions of the Housing Act 2004 (HA 2004), specifically HA 2004, s 213. Under HA 2004, s 214, where a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, the tenant or any relevant person may make an application to the county court on the grounds that the requirements to protect it have not been complied with. If non-compliance is proved, the court must order the party that appears to be holding the deposit to: • repay it to the tenant or the relevant person, or • (where the tenancy is continuing)

In considering how the executors should proceed we refer you to Practice Note: Family provision claims—the role of personal representatives which provides practical guidance on how personal representatives should respond to the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) claim. Consider the following principles: • an executor can renounce before they intermeddle in the estate or take out a grant. See Practice Note: Removal, renunciation and retirement of personal representatives • the role of the executors is to administer the deceased’s estate. They owe a duty to get and collect in the deceased’s real and personal estate and administer it according to the law, which means that they must collect in the deceased’s assets, settle the deceased’s outstanding liabilities and

Where a vulnerable adult child has received continuing financial support from their parents during their lifetimes, it is a responsibility assumed by the parents and a relevant factor for the court to consider under section 3 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). If the parents fail to make reasonable provision for their vulnerable child in their Wills, the I(PFD)A 1975 might successfully be relied upon after their deaths (probably after the death of the survivor of them) to vary their testamentary dispositions to provide reasonable financial provision for the vulnerable adult child. No caring parent is likely to want the prospect of litigation as an unwritten legacy in their Will but could such a parent avoid the need for their vulnerable adult child to make a claim under the I(PFD)A 1975 by making testamentary provision in the form of a discretionary

Property in England and Wales is held on a trust of land. This means that the person in whose name the property is in (the legal owner) holds the property on trust for the beneficial owner. Ordinarily the legal owner and the beneficial owner are one and the same and there is a presumption to this effect (see generally Stack v Dowden and Jones v Kernott). Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) entitles any person who is a trustee of land or has an interest in property subject to a trust of land to make an application to the court for an order relating

An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether

CPR PD 31B, para 7, which deals with the disclosure of electronic documents, expressly requires legal representatives to advise their client(s) to preserve disclosable documents as soon as they have been instructed to deal with a dispute, where the claim has, or is likely to be, allocated to the multi-track. There may be consequences if disclosable documents are not appropriately preserved, see Practice Note:

An executor derives their title to sue from the Will and so can validly sue before obtaining a grant of probate. An administrator derives their title to sue solely from the grant of letters of administration (see Chetty v Chetty. In Millburn Snell v Evans, the children of the deceased who had died intestate issued court proceedings. The children (who had standing to obtain the grant) had not taken out a grant of letters of administration. The claim was struck out on the basis that the children did not have title